DeLoach, Hofstra & Cavonis, P.A. Feedhttps://www.dhclaw.com/
DeLoach, Hofstra & Cavonis, P.A. Feeden-us2018 DeLoach, Hofstra & Cavonis, P.A., All Rights Reserved, Reproduced with Permissionhttps://www.dhclaw.com/Mon, 19 Nov 2018 18:08:15 GMTDeLoach, Hofstra & Cavonis, P.A. Feedhttps://www.dhclaw.com/images/logoprint.gifhttps://www.dhclaw.com/
I am proud to announce the completion of my second book, Protect Your Nest Egg from a Florida Nursing Home. I wrote this book to help the elderly and their family understand the legal, financial and health care aspects of aging in Florida. Having practiced law for close to 20 years, I have seen the difficulties that spouses, families and caregivers have in helping their elderly loved one. The families we help are going through many difficulties that typically occur after a decline in their elder's physical and mental health. The family is then left alone to find their loved one good health care and then figure out how to pay for it. I have given many examples of how things have gone wrong for families, common questions and answers, and other practical suggestions for a caregiver. My book features the following:

What is long-term care and how much does it cost?

The difference between nursing home, assisted living and memory care

How to find a good long-term care facility

How Medicare and HMOs help with long-term care (hint: they do not)

Medicaid and Asset Protection Planning (even when your loved one is already in a nursing home)

VA Benefits that can help pay for your long-term care (including changes that occurred in October, 2018)

A glossary of common terms used in the long-term care industry

My loved one just went to the nursing home - help!

Other parts of my book deal with asset protection pre-planning for those still in good health. Such topics include:

Irrevocable Trust Planning for Medicaid and VA Benefits (5 years before you get sick)

When and how to buy long-term care insurance

How the Pension Protection Act can help you pay for your long-term care without giving up control of your money

If you would like a free copy of my first book, the Top 20 Rules for Protecting Your Florida Estate, please visit this webpage. This book discusses the best way to create an estate plan for your family, which includes revocable living trusts, estate taxes and more.

]]>https://www.dhclaw.com/blog/my-newest-book-on-florida-elder-law.cfmwww.dhclaw.com-184531Fri, 16 Nov 2018 09:51:00 ESTDeLoach, Hofstra & Cavonis, P.A.8640 Seminole BlvdSeminole, FL 33772(727) 397-5571 https://www.dhclaw.com/]]>https://www.dhclaw.com/video/ron-and-renee-testimonial.cfmwww.dhclaw.com-26246Wed, 14 Nov 2018 12:00:00 ESThttps://www.dhclaw.com/testimonials/ron-and-renee-rear-end-car-wreck.cfmwww.dhclaw.com-17865Wed, 14 Nov 2018 09:02:00 ESTThe VA Pension program can be very helpful for veterans and their surviving spouse with high out of pocket medical expenses. We mostly use Pension to pay for our client's long-term care, such as assisted living. The numbers are as follows for 2019:

]]>https://www.dhclaw.com/blog/2019-va-pension-benefit-amounts.cfmwww.dhclaw.com-184407Wed, 07 Nov 2018 09:17:00 ESTWhether you are taking a trip to the veterinarian or are just out for a ride, pet owners often transport their animals in and out of cars. In an effort to protect both pet owners and their four-legged friends, Pinellas County created laws to ensure the safety of animals. Here are a few:

What does the law say about the transportation of my pet?

Most people don’t know this, but your pet must be safely enclosed in the vehicle or protected by a container, cage, cross tether, or another device, which would prevent the animal from falling, being thrown, or jumping out of the motor vehicle in Pinellas County.

Is it illegal to leave my pet in the car?

When the temperature outside reaches 85 degrees Fahrenheit, the temperature inside a car can climb to 120 degrees in just 30 minutes, so leaving pets unattended in cars on warm days, even for a short time, can cause irreversible organ damage or even death, according to the Humane Society of the United States.

In Pinellas County, an animal cannot be confined or remain unattended in a vehicle in conditions that would endanger the well-being of the animal due to lack of ventilation or water, heat, or any other condition that pain and suffering, disability, or death to the animal is expected to occur.

If I can’t leave my pet in the car, can I restrain it outside?

No, in Pinellas County, it is unlawful for a person to tether, fasten, chain, tie, or restrain a dog or cat to any stationary object, unless it is within the visual range of the owner.

Is there a leash law in Pinellas County?

Yes, the law states, “No dog or cat shall run at large within the county. Any person who possesses, harbors, keeps, or has control or custody of any dog or cat which is running at large shall be in violation, regardless of the knowledge, intent or culpability of the owner.”

]]>https://www.dhclaw.com/faqs/pinellas-county-pet-laws.cfmwww.dhclaw.com-61889Tue, 06 Nov 2018 14:39:00 EST"My niece needed a lawyer and found Rep and that, and it basically, my niece then directed me to Gloria and Rep to set up my will, and the other things like that. Just having that explained in layman's terms, which is what Gloria and them first did when we went into the office and that, and then they laid out the paperwork on setting up different trusts so that I've got money to take care of me. I just have, it just helps ... Where the layman to try to do something like that it's just no way that they can do it on their own.

Or, even if they go into a regular attorney, the regular attorneys don't really understand. Gloria has access to the different facilities like this one here that I'm at now. Where the one that I was at I had basically asked for a private room and one with a shower and that, and she knew which facilities had that, and she started looking for me to find one that had an open room. It's like going from a Motel 6 to a Ramada Inn. There's just no comparison between the two. The food here is more like a restaurant, where the other one wasn't, and I've been so happy ever since I finally got in."

DeLoach, Hofstra & Cavonis, P.A. ​

8640 Seminole BlvdSeminole, FL 33772

]]>https://www.dhclaw.com/video/davids-life-care-planning-testimonial.cfmwww.dhclaw.com-26105Tue, 06 Nov 2018 14:35:00 ESThttps://www.dhclaw.com/video/spca-pet-walk.cfmwww.dhclaw.com-26073Mon, 29 Oct 2018 14:21:00 ESTThe VA has a number of programs to help needy veterans and their surviving spouse. The pension program is a needs-based cash benefit to help veterans with extraordinary medical costs. Many people refer to the pension program as "aid and attendance." Elder law attorneys usually use the VA pension program to help pay for an elder's long-term care costs, such as in-home care and assisted living.

The VA made vast changes to the program starting October 18, 2018. The highlighted changes include:

VA benefits run about $2,200/month for a married veteran to $1,200/month for the surviving spouse of a wartime veteran. See here for the actual numbers, which change annually.

With the new look-back period in place, the VA applicant creates a transfer penalty if assets are gifted within 3 years of the VA application. This means that the veteran, or his or her surviving spouse, may want to consider giving assets away in order to protect them for their children's inheritance. Of course, gifts would need to be done before the applicant needs long-term care. But outright gifting to children may not be the best way to proceed as problems may occur when the children receive any gifted funds. The basic reasons why you would not want to make an outright gifts to children would be:

What if the child got sued?

What if the child got divorced?

What if the child had an accident or even died?

There are tax consequences to gifting assets to children before your death due to a lack of step-up in basis.

So if you want to protect assets from the nursing home and you want to try to get VA Pension benefits before you get sick, you could give your assets to an irrevocable trust. The irrevocable trust has the following features:

You create the trust at least 3-5 years before you need long-term care

Your trusted child/children are trustees of the trust during your lifetime

The assets are held in trust for your lifetime with your children as income and principal beneficiaries

The trust has a separate EIN and must file an annual tax return

Assets in the trust protected 3-5 years (3 years for VA benefits, 5 years for Medicaid) after being placed into the trust

Assets in the trust only distributed to family upon your death - this means that the most responsible child controls the assets during your lifetime

You can control the final disposition upon your death with a special power of appointment

You can place your homestead property in the trust and still retain your homestead tax exemption

So why would you not want to create an irrevocable trust?

You do not have children you can trust

Your main assets would be IRAs (these cannot go into an irrevocable trust)

If you are between 60 and 80 years old, you could consider purchasing financial products that contain long-term care insurance rides instead of giving your assets away

You do not want to be subject to relying on the government (VA and/or Medicaid benefits)

We create a irrevocable trusts for clients across Florida. Most estate planning attorneys do not know about asset protection planning for VA and Medicaid benefits, so it is possible that your own estate planning attorney does not work in this area.

]]>https://www.dhclaw.com/blog/irrevocable-trusts-for-va-pension-benefits.cfmwww.dhclaw.com-184289Mon, 29 Oct 2018 10:37:00 ESTOn Wednesday afternoon, August 15, 2018, the staff of DeLoach, Hofstra & Cavonis, P.A. and Seminole Title Company were greeted in their library by homeless pets from SPCA Tampa Bay for cuddling and de-stressing. The non-profit animal shelter recently started this program called “Whiskers at Work.”

This type of interaction is also beneficial for the animals because it helps with their socialization. The attorneys, staff and family members were joined by six kittens, two adorable bunnies, one frisky ferret and a very friendly dog who was surrendered because the family couldn't afford a much-needed medical procedure.

The staff loved the experience as employee Mary Lou Dahmer summed it up, “Thank you so much for allowing SPCA to bring their fur babies today. I fell in love many times over the course of their visit and am sitting here (at my desk) with a smile on my face just thinking about the joy this brought to all of us. What a fantastic place to work! To do this for the animals as well as your staff is such a gift!”

Pet adoptions were not available during the event, but SPCA staff and volunteers were on site to provide information about how to adopt at their shelter in Largo.

If you would like to host a “Whiskers at Work” at your office, please visit spcatampabay.org. Donations to host the event benefit homeless pets at SPCA Tampa Bay.

]]>https://www.dhclaw.com/blog/whiskers-at-work.cfmwww.dhclaw.com-184218Tue, 23 Oct 2018 09:46:00 ESThttps://www.dhclaw.com/testimonials/david-and-charlann-estate-planning.cfmwww.dhclaw.com-17753Tue, 16 Oct 2018 11:10:00 ESTDavid and Charlann were looking for an estate planning attorney and decided to give DeLoach, Hofstra & Cavonis a try. Learn about their experience in working with our firm.]]>https://www.dhclaw.com/video/david-and-charlanns-estate-planning-testimonial.cfmwww.dhclaw.com-26007Tue, 16 Oct 2018 10:56:00 ESTAs of October 18, 2018, the VA is imposing substantial new changes to the pension program. The pension program, very frequently referred to as "aid and attendance" by the public, can be very helpful in paying for the veteran's long-term care, which includes helping the veteran's surviving spouse. Up until now, the VA pension program did not have a transfer penalty.

First, the VA allows a pension applicant to have some $123,600 in countable assets, which is similar to the spousal asset limit for Florida Medicaid benefits. Basically the new rules create a penalty for gifts/transfers that were made during three years prior to the application for VA pension benefits. The transfer penalty is similar to the Medicaid transfer penalty. When a uncompensated transfer of assets (i.e., a gift) is made during the three years before someone applies for pension benefits, the VA will assess a transfer penalty. The penalty will then provide a number of months that will make the applicant ineligible for Pension benefits. The VA will divide the gift by the maximum monthly pension rate (the "MAPR"), which is currently $2,230/month (2019). An example of calculating the VA Pension transfer penalty is as follows:

Mom, age 80, is worth $200,000. She knows she want so to protect her assets from the nursing home so she gives her children a gift of $100,000. Two years later, mom has a stroke and looks to apply for VA benefits. Because a gift was made during the 3 year look-back period, the VA will need to calculate a transfer penalty. Because the applicant is allowed to have $123,600, the VA will only apply a penalty to the assets gifted above that amount, meaning the VA will penalty by the amount given above $123,600, some $76,400 ($200,000 minus $123,600 = $76,400). Next, the VA will divide the $76,400 transferred amount by $2,230, which equals 34 months (rounded down). Here, mom will not be eligible for VA Pension benefits for some 34 months from the date of the application.

In this scenario, the family would not have wanted to applied for VA benefits until the end of the three year transfer penalty.

What is a transfer or gift?

selling, conveying, gifting, or exchanging an asset for an amount less than fair market value, or

a voluntary asset transfer to, or purchase of, any financial instrument that reduces net worth unless the entire balance of the asset can be liquidated for the claimant’s benefit.

One way to protect assets in the past, besides giving money away, was to purchase an immediate annuity. It is now clear that purchasing an annuity to reduce the asset value will result in a transfer penalty.

What does all this mean?

The changes to the rules were well thought out and are very clear. It provides a firm amount of money a veteran (or their surviving spouse) is allowed to own in order to get pension (a/k/a aid and attendance). It will also mean if someone wants pension benefits and their assets exceed the asset cap, he or she would probably want to set up an irrevocable asset protection trust, even for their homestead property, in order to access VA benefits and Medicaid benefits down the road. These trusts cannot be set up, of course, unless the applicant does not apply for VA benefits within three years or five years for Medicaid benefits.

If you want to learn more:

]]>https://www.dhclaw.com/blog/new-va-pension-transfer-penalty.cfmwww.dhclaw.com-184072Fri, 12 Oct 2018 11:37:00 ESThttps://www.dhclaw.com/testimonials/sean-and-stellas-car-accident.cfmwww.dhclaw.com-17645Sun, 23 Sep 2018 13:09:00 ESThttps://www.dhclaw.com/video/whiskers-at-work.cfmwww.dhclaw.com-25591Thu, 23 Aug 2018 11:46:00 ESTThe DHC/STC “Legal Beagles” had a howling good time at this year’s SPCA Pet Walk on October 6 at Vinoy Park! Our team walked to raise much-needed funds in support of the SPCA’s critical mission to care for the 8,000+ animals that are surrendered by their owners every year, along with injured wildlife, at their shelter in Largo.

Our office set a modest goal of $1,000 and we raised over $3,000! With our new logo and apparel, our team also won the “Best Team Name” category. A tremendous thanks to all the donors, walkers, volunteers and staff of the SPCA for making this such a successful event for the animals. This year's Pet Walk raised over $125,000!

To learn more about the SPCA Pet Walk, please visit the SPCA Pet Walk webpage. If you would like to join the "Legal Beagles" for next year, contact 2018-19 Legal Beagle Captain Simone DeLoach at 727-397-5571.

Who are the Legal Beagles?

The Legal Beagles were named in honor of Bonnie Beagle (1991-2001), owned by Faye M. DeLoach, wife of firm founder Dennis R. DeLoach Jr. Over the years, the team has participated in many SPCA Pet Walks under the leadership of long-time probate paralegal Judy Matthews along with estate planning paralegal Tammy Dina.

Attorney Rep DeLoach is a former long-time board member of the SPCA and has been supporting that organization since he was 5 years old as seen here wearing his SPCA t-shirt and cowboy boots in 1979! His father, Dennis R. DeLoach Jr., was on the board at the time. His wife, Simone DeLoach, is currently on the Board of Directors.

]]>https://www.dhclaw.com/blog/join-our-team-for-the-spca-tampa-bay-pet-walk.cfmwww.dhclaw.com-183221Thu, 23 Aug 2018 10:15:00 ESTAccording to recent reports, Aretha Franklin died without a revocable living trust or even a basic last will and testament. That such an incredible person and part of music history did not have even a basic estate plan is astonishing in many ways. Franklin joins a long list of famous people who died without a will, including Howard Hughes, Bob Marley, Sony Bono and Michael Jackson. A resident of Michigan, her assets will be passed equally to her 4 living children.

If Aretha Franklin had died a resident of Florida, her estate would also go equally to her children under the laws of intestacy. This may or may not have been her wishes, which could have been changed even with a simple will. Another issue is who would be named as the estate executor, also known as the personal representative in Florida. It is common for children of famous people fighting over control of the decedent's estate, such as the estate of Dr. Martin Luther King. Even a simple will could have nominated the executor, for instance.

Now, the probate process will likely be costly, will take a very long time, and will let the entire world see the size of her estate and many other details that otherwise would have remained private.

An estate plan for Franklin, if she so desired, certainly should have been based upon a revocable living trust. A revocable living trust would have had so many advantages, such as:

]]>https://www.dhclaw.com/blog/aretha-franklin-had-no-will-or-trust.cfmwww.dhclaw.com-183215Wed, 22 Aug 2018 12:52:00 ESTProbate is the court process to settle a decedent's estate. Probate is needed when a property owner dies with assets in his or her own, individual name. When a Florida resident dies, the family/heirs would need to probate any property in the county of the decedent's residence. If, however, a non-resident of Florida dies owning real property (i.e., land) in Florida, then an ancillary probate will be necessary. This means hiring a Florida attorney to go to court on the estate's behalf in order to sell or re-title the real property. This also means that an executor who has been appointed in another state cannot act in Florida without a separate Florida probate procedure.

The ancillary probate process is very similar to any other Florida probates. The ancillary probate may either be a formal administration or a summary administration, which are outlined as follows:

Summary Administration: This is a more simple probate process that is available only when: 1) the assets (land here) are worth less than $75,000; 2) all the heirs consent to any court procedure; 3) all of the decedent's bills are paid; and 4) all of the decedent's assets are known. The family/heirs would still need to see a Florida attorney for assistance but the process is not that complicated and is fairly quick (less than a month, under most circumstances).

Formal Probate Administration: This is the full probate process of appointing the personal representative, dealing with creditors, publishing in the newspaper, etc. This is done when assets exceed $75,000, the estate has debts, heirs do not agree, there are unknown assets, and more.

In order to start an ancillary administration, the Florida attorney will need the following:

two original death certificates

certified copy of the decedent's last will and testament (if available)

Who will act as the personal representative is important. In Florida, the personal representative (i.e., the "executor") must be either related to the decedent by blood or must be a resident of Florida. If the will does not nominate a personal representative who is able to serve, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. This is the same procedure if the decedent died intestate - a majority of the heirs can choose the personal representative.

Once the heirs determine the personal representative, or if the will nominates a personal representative who is able and willing to serve, the rest of the probate procedure is the same as any other probate. This means:

The personal representative is typically bonded by the probate court

The court, upon petition, issues letters of administration that allows the personal representative to act on the estate's behalf

Any real property can be listed and sold once the letters of administration are issued

The personal representative must publish for outstanding creditors that runs for 90 days

An inventory is due 60 days after appointment by the personal representative

Heirs are entitled to an accounting of all costs, creditors, fees, etc.

The process generally takes about 6 months from start to finish

Our office does a good number of ancillary admininistrations and we are glad to help you with yours. We have a real estate attorney and title company to help sell the property as well.

]]>https://www.dhclaw.com/library/ancillary-probate-in-florida.cfmwww.dhclaw.com-122067Fri, 17 Aug 2018 10:25:00 ESThttps://www.dhclaw.com/video/seans-car-wreck-testimonial.cfmwww.dhclaw.com-25552Wed, 15 Aug 2018 11:48:00 ESThttps://www.dhclaw.com/video/felicita-car-wreck-testimonial.cfmwww.dhclaw.com-25540Wed, 15 Aug 2018 11:09:00 ESTThe state of Florida is currently seeking a waiver from the Federal government that provides three months of retroactive Medicaid coverage to eligible Medicaid recipients.

Under current Medicaid law, Florida (and other states) is required to provide coverage to long-term care Medicaid applicants for up to three months prior to the month of application if the applicant met the eligibility requirements for Medicaid during these months. The retroactive benefit provides financial protection to families as they away approval for their Medicaid applications. The need for Medicaid can come very quickly, often after an elder has a fall and a three day stay in the hospital. We have more information on what happens to an elder after they go to a nursing home on our website.

In 2018, the Florida legislature passed a bill eliminating three months of retroactive Medicaid except for pregnant women and children. This change was submitted to the Federal government for approval, but as of August 10, 2018, this change has not been made. This will be a big change to the rules if the Federal government approves it, hurting both the indigent elderly and the long-term care industry alike. As an example:

Under current Medicaid law, Mom (or her family) can legally spend her money through spend-down planning. She cannot give assets away without incurring a Medicaid transfer penalty. With legal spend down, she can purchase an irrevocable pre-paid burial policy and a funeral plot, as an example. If her countable assets were more than $14,000 (i.e., this scenario), or if the family wanted to legally protect assets aside for her care, an elder law attorney can help protect her assets. Either way, mom legally spent her assets in February to less than $2,000 but a Medicaid application did not happen until April due to a family illness. Here, Mom's Medicaid will be retroeffective to February as she was eligible for Medicaid in February (again, her assets were less than $2,000 by the end of the month), even though she did not apply for Medicaid until April.

Effects of Changes without Retroeffective Medicaid:

Same facts as above but Medicaid will not be effective for February or March. Mom did not apply for Medicaid until April and even though her assets were below the applicable level of $2,000 through legal spend down. Now, she still owes the nursing home some $15,000 for her two months of stay.

Some thoughts on the proposed changes:

With the changes, it will be vital to submit a Medicaid application as soon as possible, even if mom may or may not stay in the nursing home

These changes will encourage people to apply for Medicaid even when they are not technically eligible

Consulting a good elder law attorney will be necessary as soon as possible

UMEDS will still be available to pay the nursing home for unreimbursed expenses, such as an unpaid nursing home bill. This can help the nursing home get some reimbursement for unpaid medical bills but it is not as important as 3 months of retroeffective Medicaid that we currently have.

I will update this blog post when we have an update from the Federal government.

If you or a loved one is about to enter a nursing home, or is paying the high cost of nursing home care now, a good elder law attorney can help you protect assets in the right situation.